Larson v. Christianson
North Dakota Supreme Court
Appeal from District Court, McHenry county; Palda, Jr., J. Action by Lars Larson against John Christianson and others. Judgment for plaintiff, and 'defendant Christianson appeals. In actions to determine adverse claims to real estate, general denial puts plaintiff’s title in issue, and if he fails to prove it, he cannot question defendant’s interest, liens or claims.
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Appeal from District Court, McHenry county; Palda, Jr., J. Action by Lars Larson against John Christianson and others. Judgment for plaintiff, and 'defendant Christianson appeals. In actions to determine adverse claims to real estate, general denial puts plaintiff’s title in issue, and if he fails to prove it, he cannot question defendant’s interest, liens or claims. Dever v. Cornwell et al,, 8G N. W. 227, 10 N. D. 123; Wakefield v. Day, 41 Minn. 344, 43 N. W. 71; Jellison v. Halloran, 40 Minn. 485, 42 N. W. 392; Pennie v. Hildreth et al., 81 Cal. 127, 22 Pac. 398; Flint v. Dulaney et al., 37…
1Opinion of the CourtMorgan, C. J.
Action to determine adverse claims to real estate. The complaint alleges that plaintiff is the owner in fee simple of the lot involved in the suit, and, so far as the other allegations of the oomplaint are concerned, the same are in compliance with the provisions of chapter 5, p. 9, Laws 1901, which provides what the allegations of the complaint may be. The answer of John 'Christianson-, the only defendant who has answered, “denies generally and specifically all and singular each and every allegation, matter, fact and thing in said complaint alleged, set forth and contained, not hereinafter…
2Cases cited6 opinions
- Dever v. CornwellNorth Dakota Supreme Court · 1901
- City of Chicago v. StearnsIllinois Supreme Court · 1882
- Wilson v. StateIndiana Court of Appeals · 1897
- Territory v. StoneSupreme Court Of The Territory Of Dakota · 1879
- United Lines Telegraph Co. v. Boston Safe Deposit & Trust Co.Supreme Court of the United States · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State ex rel. Kern v. EmersonWashington Supreme Court · 1916
- Hebden v. BinaNorth Dakota Supreme Court · 1908
- Murphy v. Missouri & Kansas Land & Loan Co.North Dakota Supreme Court · 1914
- O'Leary v. SchoenfeldNorth Dakota Supreme Court · 1915
- Gatrell v. Salt Lake CountyUtah Supreme Court · 1944
1 more not listed; retrieve them via the Exa API.